2 lawyers w/ different advice-need help!

[needhelp22]

Hello, I need some help and hopefully I can get some here. I need to file for bankruptcy and got advice from 2 different lawyers... one said to file ch. 13 and the other said ch.7.

Here is my situation: I'm 22 yrs old w/ a 1 yr old baby. I owe over $12,000 in unsecured loans and a car that was just repo'd. Her father left the country and has not been seen, so I have no child support. My parents didn't have a spare car to borrow so I financed another car for $4,000. Well that car just broke down on the freeway today and was towed back to the dealer. I am fortunate to have a family member help me w/ paying to get my repo'd car back tomorrow. I had the junk car for less than a week.

One lawyer said to keep the car repo'd and borrow another car to file for chapter 7. The problem is that I work 20+ miles from home and have a child I need to transport (and no other car to use). The other lawyer wants to put the car on the chapter 13. This was discussed before the car was repo'd last Thursday.

My question is.... Which chapter is best for me? And can I put a car that was repo'd but is now caught up on payments on a chapter 13? Also, is there any way I can get out of the contract w/ the junk car? It was under "No Warrenty"; can I write it off in a bankruptcy case? Any advice is needed; I don't want to spend more on chapter 13 if 7 is the way to go.

[hhou812hh]

One question do you have any disposable income after all of your living expenses are paid? That's one key factor. There are several more throughout this forum.

[HHM]

Since the car is repo'd you don't have much time. If you want the repo'd car back, you will have to do a chapter 13. But you need to do it soon before they sell it at auction. However, you will need to have disposible income (which is money left over after paymetn of your "living" expenses).

[needhelp22]

Since the car is repo'd you don't have much time. If you want the repo'd car back, you will have to do a chapter 13. But you need to do it soon before they sell it at auction. However, you will need to have disposible income (which is money left over after paymetn of your "living" expenses).

I was able to get the repo'd car back yesterday b/c of a generous family member who let me borrow some money. I have after all my living expenses about $40 a month, which I don't think is a lot for a single mom taking care of a 1 yr old baby. But what sould I do about the other car that broke down and the dealer will not take back? Can I add that into a bankruptcy?

[HHM]

Just add that car to the bankruptcy and surrender it. With the repo back, you should do a chapter 7.

[needhelp22]

Thanks so much for all the advice and help that was given!!